Nicholas M. Cannella

Partner, New York

Few litigators have the experience or reputation that Nick Cannella has gained over the course of his forty-one year career. He is known as “a fearless advocate who has the confidence and experience to try any case, and win” (Chambers USA, 2010) and “is widely recognized for his proficiency in patent trials” (Chambers Global, 2010). Nick is a Fellow of the American College of Trial Lawyers.

He has been lead trial counsel in a variety of intellectual property cases in the federal district courts and the International Trade Commission and also has argued appeals before the United States Courts of Appeals for the Federal Circuit and the Fifth Circuit. Nick is also proud to have started his career as a law clerk to the Honorable Sol Wachtler on New York State’s highest appellate court.

Nick is a member of the Board of Directors of the Federal Circuit Bar Association and served as Co-Chair of the FCBA's International Series/Global Series Committee from 2013-2016. Nick also serves on the Boards of Directors of the Legal Aid Society and of the Alumni Association of St. John's Law School (Past President, 2013-14).

Nick is the Chairman Emeritus of the Firm's Management Committee. In the past he also has served as the Firm’s Recruiting Partner and Managing Partner.

Case Highlight

In re Certain Toner Cartridges and Components Thereof USITC (2015) Between 2013-2015, Nick helped long-time Fitzpatrick client Canon obtain two of only five general exclusion orders issued by the International Trade Commission during that three-year period. The general exclusion orders encompass seven patents protecting Canon’s valuable toner cartridge technology, and prohibit the importation of all infringing products irrespective of source. In related district court litigations, Canon obtained 40 permanent injunctions against more than 60 defendants.

Kirsch v. Canon USA, Inc. et al., obtaining two favorable summary judgment decisions on issues of willful infringement and convoyed sales damages on behalf of Canon U.S.A. In addition, in cooperation with counsel for Xerox Corporation in a companion case involving the same patent, assisted in obtaining a third summary judgment finding the Kirsch patent invalid.

Nano-Proprietary, Inc. v. Canon, obtaining the withdrawal of fraud claims and a jury verdict of no damages in a licensing dispute. On appeal, the jury verdict was affirmed by the Fifth Circuit and the trial court's pre-trial ruling terminating the license was reversed, Canon's license was reinstated and the license was found to extend not only to Canon, but to the involved Canon subsidiary as well.

For the last 16 years he has been listed in every edition of Best Lawyers in America and was named Best Lawyers 2012 New York City Patent Law Lawyer of the Year. He has been listed as a Top New York City Intellectual Property Litigator since 2006 in Super Lawyers: New York Metro Edition and in the Practical Law Company’s Which Lawyer Life Sciences: Intellectual Property 2005/2006, 2011 and 2012 editions and in the 2007 edition of Practical Law Company’s Which Lawyer Yearbook. Nick also was honored for his outstanding work in the patent category in Chambers USA 2008, 2009, 2010, 2011 and 2012 and also in Chambers Global 2010, 2011, 2012. He was recognized as a leading attorney in LMG Life Sciences 2012-2015. He was also recognized in the 2013, 2014 and 2015 issues of Intellectual Asset Management’s IAM 1000--The World’s Leading Patent Practitioners and in the 2007, 2012, 2013 and 2015 editions of Legal 500.